San Antonio construction workers seriously injured
by Benjamin Treviño | May 24th, 2024 | Lawsuit, Workers Compensation Claim, Workplace Accidents
SAN ANTONIO – Two construction workers were seriously injured May 10 when the cherry picker bucket they were in was knocked to the ground.
According to San Antonio Police, the men were part of a road crew working along the 1604 access road and I-10 on the city’s northwest side. Police say at about 1:00 a.m. the men were lifting two metal beams into place, and were trying to attach them to some concrete pillars. A chain holding one of the beams reportedly broke, and the beam fell into the cherry picker, knocking it to the ground and pinning the workers inside.
The workers had to be rescued by firefighters, authorities said, and then they were rushed to a local hospital in serious condition.
A Texas Department of Transportation representative provided a statement to news media:
“On May 10, 2024, at approximately 1 a.m., there was an incident at the Loop 1604 & I-10 interchange work site. An initial review of the incident indicates that contractors were removing a temporary beam when it fell and struck an aerial-lift with two workers inside. The temporary beam is used during formwork and is different from the large steel beams that permanently support the flyover ramp. An emergency safety meeting was conducted this morning to discuss the incident and review safety protocols. Safety is TxDOT’s top priority, and a full investigation will be conducted.”
Recovering damages for construction accidents in Texas
The path to recovering compensation for workplace accidents in Texas can vary, depending on who the liable party is. Also, in Texas, Workers’ Compensation insurance is optional, meaning employers and employees can opt-out of coverage.
Workers who have chosen not to opt out of an employer’s workers’ comp plan may have no other option than to file a Workers’ Compensation claim after a Texas construction site accident in Texas, and that can leave the employee with an insufficient settlement.
Independent contractors and employees who choose to opt-out of coverage are not bound to filing Workers’ Compensation claims. Pedestrians and other passersby injured in a construction site accident also have no need to follow any Workers’ Compensation restrictions.
However, if an employer has opted to purchase Workers’ Compensation, and an employee is a covered employee, he or she may be forced to file a Workers’ Compensation claim.
J. Gonzalez still has options
The personal injury attorneys at the J. Gonzalez Law Firm might be able to help you take advantage of certain exceptions in workers’ comp rules that could allow you to file a lawsuit instead.
Filing a lawsuit can help you recover sufficient compensation after a construction site accident. Generally speaking, employees who are not covered by Workers’ Compensation insurance retain the
right to sue a negligent employer for damages after a construction site accident in Texas. Victims may also be able to file a product liability claim against a negligent manufacturer. Both injured passersby and workers may sue a negligent construction worker for damages after an accident in Texas.
Call J. Gonzalez today for a free case evaluation about your construction site accident at 1-800-CAR-CRASH. You can also schedule an appointment via this website.
